Land of Illusion drops fight against law violation, pays fine - WXIX
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BUTLER COUNTY, Ohio (WXIX) - Land of Illusion in Butler County has dropped its fight against a state finding it violated the law by operating an attraction without a license and paid a $500 fine, according to the Ohio Department of Agriculture.
An Oct. 27 administrative hearing at the agency’s offices in Reynoldsburg has been canceled, said Shelby Croft, ODA spokeswoman.
“Land of Illusion withdrew its request for a hearing and paid the $500 fine. There will be no hearing,” she said.
ODA is responsible for licensing at amusement parks and water parks in the state.
Croft has said ODA inspected the ground rides at Land of Illusion in July and determined it lacked required documentation to operate an inflatable slide, so the slide was not issued a licensed. The device is located on the ground, not in the water.
The slide was licensed and cleared for operation later in the summer, once all the requirements were met, she said.
FOX19 NOW reached out to a representative for Land of Illusion, who responded that he was out of the office Tuesday and would catch up late Tuesday night or Wednesday.
At the time ODA notified Land of Illusion of the law violation, a spokesman for facility refuted it, saying they had fully complied with all ODA directives following recent inspections citing additional documentation needs for an inflatable slide and two brand new pieces of equipment.
The spokesman, Michael McKnight, also said the inflatable slide was not operating or available to guests following the ODA inspection.
ODA said it determined Land of Illusion allowed customers to use it despite the state warning the facility not to because it was unlicensed.
“Land of Illusion will respond to ODA to refute the misinformation,” McKnight told FOX19 NOW on Aug. 2. “We also are actively working with product manufacturers to secure the necessary paperwork for submission to ODA.”
The slide violation was not related to the July 20 death of 14-year-old Mykiara Jones of Dayton, state officials tell us.
It did come, however, as Land of Illusion Adventure Park and its water park, Aqua Adventures, was under increased scrutiny amid an ongoing investigation by the Butler County Sheriff’s Office.
Mykiara was not wearing a life vest when she went underwater at Land of Illusion Aqua Adventures water park in Madison Township, near Middletown.
She was pulled from the water about 30 minutes later and flown to Children’s Hospital in Dayton, where she was pronounced dead.
Last month, the Montgomery County Coroner’s Office ruled her death an accidental drowning.
Customers at Land of Illusion are warned on the facility’s website they “SWIM AT YOUR OWN RISK – attendants are not lifeguards.”
The Butler County Sheriff’s Office has been investigating Mykiara’s death and what Sheriff Richard Jones has said was several complaints they received about Land of Illusion and its water park since that incident.
Health department officials visited the park following the teen’s death to offer drowning prevention education and safety recommendations, county records show.
An independent investigator hired by Land of Illusion Aqua Adventure Park found the park team acted “swiftly” and “immediately” during the July incident where a teenage girl died, owner Brett Oakley announced earlier this month.
The investigator called the girl’s death an “accident.” He also found the park violated no laws or regulations with respect to the death.
Officials at the Butler County waterpark have said its policies, practices and procedures exceed the requirements of regulations.
State and local authorities have agreed, repeatedly telling FOX19 NOW they have no jurisdiction over the facility.
Ohio does not regulate inflatable slides and other devices on lakes like the one at Land of Illusion.
A state lawmaker from Butler County, Republican Thomas Hall, has said he wants to propose legislation to fill what he says are loopholes exposed by the tragedy of the young girl’s death.
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source: https://www.fox19.com/2021/10/20/land-illusion-drops-fight-against-law-violation-pays-fine/
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